A trade mark is a distinctive sign which indicates the origin of goods and services, usually refers to a registered trade marks
When VIPs hit the headlines with issues relating to trademark law, IP attorneys rejoice in providing know-how at social gatherings. This happened to the author with the recent news of a conflict between the well-known Irish MMA fighter Connor McGregor and the Dutch based fashion brand McGregor over – what else – the use of…
The debate about the traditional terms, such as “torta”, has occupied Spanish case law for a long time and now the saga continues on an EU level. The main discussion is about whether the expression “torta” can be classified as a Traditional Designation. Background: The Regulatory Body for the Protected Designation of Origin of Queso…
Several famous paintings – including ‘Mona Lisa’ by Leonardo da Vinci, ‘Liberty Leading the People’ by Eugène Delacroix, ‘Luncheon of the Boating Party’ by Auguste Renoir and significant Danish paintings – were accepted for registration in 2005 and 2014 by the Danish Patent and Trademark Office (DKPTO). Is it reasonable to obtain trademark registration of…
On the 21 March 2018 the Danish Board of Appeal (“The Board”) delivered its decision regarding the trademark protection of the shape of the following potato snack (decision no. AN 2017 00006): The snack originates from the famous snack brand Kims which is owned by Orkla Confectionary & Snack Danmark A/S (“Orkla”). In the decision…
An administrative non-use revocation action has been available in Switzerland since January 1st, 2017. This action can be filed before the Swiss Trademark Office (IPI) against both National Swiss Trademark Registrations and Swiss designations of International Trademark Registrations. Earlier this year, the IPI published a first statistical report regarding the newly introduced procedure: 61 revocation…
Earlier this year, the Court of Appeal of Milan upheld a 2015 ruling by the Court of Milan which recognized copyright protection of the concept store of Kiko, the Italian make-up brand, and blocked competitor Wycon from using similar store decor in its shops. (Court of Appeal decision no. 1543/18, Kiko-Wycon, March 26, 2018). Kiko’s…
More than four years since major amendments to the Canadian Trademarks Act were passed, the government has signaled that implementation is finally expected in the spring of 2019. These changes are the most significant changes since the 1950’s. The following changes are of primary interest: Elimination of use as a requirement for registration. Registration will…
In Germany, the Higher Regional Court Düsseldorf decided that trademark rights were not exhausted in a case where luxury cosmetic products were offered at a German discounter. The Court held that the offer of the luxury cosmetic products at the discounter stores as well as at the discounter’s online-shop would be detrimental for the image…
We recently reported on the introduction in Greece of mandatory mediation in trademark infringement disputes in this blog here. The respective legal provisions of law 4512/2018 shall start to apply as of 17 October 2018. On 28.6.2018, the Greek Supreme Court’s administrative plenary panel issued an opinion holding that the mandatory mediation introduced by this…
The wordings of Article 7(1)(f) EUTMR (for ease of reference: ‘trade marks which is contry to public policy or to accepted principles of moral’) and the Danish equivalent – Section 14(1)(1) of the Danish Consolidate Trade Marks Act – are very broad and allow much room for interpretation. A judicious application of this provision necessarily…
